H-1 Transfer

B

bdk2008

New Member
Hi,
I graduated from my masters in HR management in may 2008 and I have Bachelors in Engineering. I am currently on my OPT which expires in March 2009. In march 2008, I found an IT placement company X which offered to file my H-1. My H-1 was approved and it should be activating on the 1st of October 2008.
Now, this company X is unable to find me any positions in IT and I am looking to stay within the HR field. If I get a job with another company Y , before October 1st 2008....(1) how can i transfer the H-1? I have heard that one needs at least two pay stubs from the employer who has filed the H-1... (2) do these pay stubs have to be from october onwards? or will pay stubs from may june july of 2008 suffice?

(3) whats the ideal way to go about this without sacrificing the opportunity of company Y ?

Sorry about the length of the question.... :confused:

Thank You !
 
It is a violation of labor law if your H-1B petition was applied to be for employment in IT field, but you end up working in a non-IT field. Please check your LCA and it clearly demonstrates the position title and nature of the job.

You may be able to get a H-1B transferred to a different company prior to October 1 2008 and you may not be counted against the quota again (since you were already counted once). If that is allowed (it is a big question, btw), you may be able to get H-1B transferred to a different company without pay stubs from existing company.

To be honest with you, this is a case representing a rare scenario. It is better to consult an experienced immigration attorney.
 
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